As used in this ordinance the following terms shall mean:
BOROUGH
Any form of municipality or government into which the Borough of
Hamburg, or any part thereof, may at any time hereafter be changed, annexed
or merged, and the term "Borough Council" or any other term used to refer
to the governing body of this borough shall be held to apply to and include
the governing body of such other form of municipality.
LOCATE FACILITIES
To erect, construct, reconstruct, remove, lay, inspect, maintain,
repair, replace and operate telephone and telecommunication facilities.
RIGHTS-OF-WAY
Any and all of the land dedicated to the interest and use of the
public in this Borough of Hamburg, including all of the various sidewalks,
streets, roads, avenues, highways, bridges and waterways, throughout their
entire length and parts thereof.
STREETS
Any and all of the streets, roads, avenues and highways, and parts
thereof, in the Borough of Hamburg.
TELECOMMUNICATION FACILITIES
Communications facilities and other transmission or processing equipment
used by United Telephone for its local and through lines and systems in connection
with the provision of telephone and telecommunication services, including
poles, posts, supports, guys, wires, cables, antennae, pedestals, cable termination
and distribution cabinets, and underground facilities including conduits and
subways, manholes, loading coil vaults, loading coils, and all other equipment,
fixtures and appurtenances.
UNITED TELEPHONE
United Telephone Company of New Jersey, Inc., a corporation of the
State of New Jersey doing business as Sprint, its predecessors, successors
and/or assigns.
Permission and consent is hereby granted to United Telephone to provide
telephone and telecommunication services and to locate its telecommunications
facilities, including the necessary street openings and lateral connections
to curb poles and property lines, in, through, upon, along, over, under and
across all of the rights-of-way throughout their entire length and parts thereof,
in this borough, and all of the various rights-of-way throughout their entire
length and parts thereof are hereby designated and prescribed for those uses
and purposes. United Telephone shall not place any poles, pedestals, cabinets
or other facilities in such as a manner as to obstruct the use of the borough's
sidewalks or streets.
The surface of the sidewalks and streets, and any pavement or other
surface or planting disturbed by United Telephone in locating its telecommunication
facilities shall be restored to as good condition as it was before the commencement
of the work, and no right-of-way shall be encumbered for a longer period than
shall be necessary to execute the work.
Nothing contained in this ordinance shall be construed to impose an
obligation on the part of this borough to open any street not heretofore dedicated
or opened to the public use, and nothing herein shall be construed as an acceptance
by the borough of any unaccepted street or any part thereof.
In the event that the borough vacates any public right-of-way that has
United Telephone's facilities on, over, under or above it, the municipality
agrees to reserve unto United Telephone the rights granted by this ordinance.
United Telephone or any other companies or corporations having legal
authority to erect and maintain facilities within the borough's rights-of-way
may now and hereafter jointly use facilities for all lawful purposes, provided
that United Telephone consents to such use upon terms and conditions that
it accepts and that are not inconsistent with the provisions of this ordinance.
United Telephone shall pay the expenses incurred for advertising done
in connection with the passage of this ordinance within 30 days after its
effective date.
United Telephone shall file its written acceptance of this ordinance
with the Borough Clerk of this township within 30 days after receipt of notice
from the Borough Clerk of its final passage, and said ordinance shall, upon
publication and the filing of such acceptance, become effective, subject to
approval by the Board of Public Utility Commissioners of the State of New
Jersey.